The Withdrawal Button: New E-Commerce Obligations for Hungarian Webshops

Introduction

The growth of online commerce in Hungary has prompted the legislature to introduce increasingly detailed consumer-protection obligations for webshop operators. Among the most notable recent developments is the requirement to provide a withdrawal button (elállási gomb) — a clearly visible, easy-to-use digital mechanism that allows consumers to exercise their right of withdrawal from distance contracts with a single action.

This obligation arises under Government Decree 45/2014 (II. 26.) on the Detailed Rules of Contracts between Consumers and Businesses (45/2014. Korm. rendelet), which transposed Directive 2011/83/EU on Consumer Rights (as amended by Directive (EU) 2019/2161, the “Omnibus Directive”) into Hungarian law. The 2026 amendments to this decree further tighten the rules on transparency, withdrawal procedures, and digital marketplace obligations.

This article explains the withdrawal button requirement, the broader right of withdrawal, and the practical consequences for webshop operators in Hungary.

The Right of Withdrawal: Legal Framework

The 14-Day Cooling-Off Period

Under Article 20 of Government Decree 45/2014, a consumer who concludes a distance contract (e.g., an online purchase) or an off-premises contract has the right to withdraw from the contract within 14 calendar days without giving any reason and without incurring any costs other than those expressly permitted by law.

The 14-day period begins:

• For goods: on the day the consumer (or a third party designated by the consumer, other than the carrier) takes physical possession of the goods;
• For services: on the day the contract is concluded;
• For digital content not supplied on a tangible medium: on the day the contract is concluded, provided that the consumer gave prior express consent to begin performance and acknowledged the loss of the right of withdrawal.

If the seller fails to inform the consumer about the right of withdrawal before the contract is concluded, the withdrawal period is extended to 12 months and 14 days from the date that it would otherwise have started.

How Withdrawal Is Exercised

The consumer may exercise the right of withdrawal by sending a clear statement (egyértelmű nyilatkozat) to the seller. This may take the form of a letter, email, or use of the model withdrawal form set out in Annex 2 to Government Decree 45/2014. The statement must be sent before the expiry of the 14-day period; it is sufficient that the statement is dispatched within the deadline.

The Withdrawal Button Requirement

What Is the Withdrawal Button?

The withdrawal button is a digital interface element—typically a button on the seller’s website or mobile application—that allows the consumer to initiate and complete the withdrawal process online, without having to send a separate email, letter, or form. The 2026 amendments to Government Decree 45/2014 make it mandatory for all webshops and online marketplaces operating in Hungary to provide this feature.

Technical and Legal Requirements

The withdrawal button must satisfy the following requirements:

1. Visibility: The button must be clearly labelled (e.g., “Elállás” / “Withdraw from Contract”) and placed in a location that is easily accessible to the consumer, such as the order history or account management section.

2. Simplicity: The consumer must be able to exercise withdrawal with no more steps than necessary. The system should pre-fill the order details and allow the consumer to confirm withdrawal in a straightforward process.

3. Confirmation: Upon clicking the withdrawal button and confirming the action, the seller’s system must immediately send an acknowledgement of receipt (visszaigazolás) to the consumer on a durable medium (typically email), confirming that the withdrawal has been received.

4. Availability: The button must be available throughout the entire withdrawal period. Disabling, hiding, or otherwise restricting access to the button during the 14-day period constitutes a violation of consumer protection law.

5. No deterrence: The webshop may not use dark patterns, misleading language, or design tricks to discourage consumers from using the withdrawal button. Examples of prohibited practices include requiring the consumer to call a phone number before the button becomes active, or displaying exaggerated warnings about the consequences of withdrawal.

Sanctions for Non-Compliance

Webshop operators who fail to implement the withdrawal button or who obstruct its use may face enforcement action by the Hungarian Authority for Consumer Protection (fogyasztóvédelmi hatóság), operating within the Government Offices. The authority may:

• Issue a warning and order corrective measures;
• Impose a fine of up to HUF 5,000,000 (approximately EUR 13,000) for first offences, with significantly higher fines for repeated or systematic violations;
• Order the suspension of the webshop in serious cases.

Additionally, the Competition Authority (Gazdasági Versenyhivatal, “GVH”) may take action under Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers (Fttv.) if the absence of the withdrawal button is part of a broader pattern of misleading or aggressive commercial practices.

Effects of Withdrawal

Seller’s Obligations After Withdrawal

Upon receiving a valid withdrawal, the seller must refund all payments received from the consumer, including the original delivery costs, within 14 days. The refund must be made using the same payment method that the consumer used for the original transaction, unless the consumer expressly agrees to a different method and this does not result in additional costs.

The seller may withhold the refund until it has received the returned goods or until the consumer provides proof that the goods have been sent back, whichever is earlier.

Consumer’s Obligations After Withdrawal

The consumer must return the goods to the seller within 14 days from the date of sending the withdrawal statement. The consumer bears the direct cost of returning the goods unless the seller has agreed to bear that cost or has failed to inform the consumer that the return cost is the consumer’s responsibility.

The consumer is liable for any diminished value of the goods only if the diminished value results from handling the goods in a way that goes beyond what is necessary to establish their nature, characteristics, and functioning. In other words, the consumer may unpack and inspect the goods as they would in a physical shop, but must not use them beyond this.

Exceptions to the Right of Withdrawal

Government Decree 45/2014 lists several categories of contracts from which the consumer cannot withdraw, including:

• Contracts for goods made to the consumer’s specifications or clearly personalised;
• Contracts for sealed goods that are not suitable for return due to health or hygiene reasons, if the seal has been broken after delivery;
• Contracts for sealed audio or video recordings or software, if the seal has been broken;
• Contracts for the supply of newspapers, periodicals, and magazines (except subscription contracts);
• Contracts for digital content not supplied on a tangible medium, where the consumer gave prior express consent to begin performance and acknowledged the loss of the right of withdrawal;
• Contracts for perishable goods or goods that deteriorate rapidly.

Digital Marketplace Obligations

The 2026 amendments to Government Decree 45/2014 introduce additional obligations for online marketplace operators (online piactér üzemeltetők), in line with the Omnibus Directive and the EU Digital Services Act (Regulation (EU) 2022/2065). Marketplace operators must:

1. Clearly disclose whether the third-party supplier on the platform is a business or a private individual, as consumer protection rules apply only to business-to-consumer transactions;
2. Inform consumers about how the contract responsibilities are divided between the marketplace and the third-party supplier;
3. Provide transparent information about the main parameters determining the ranking of search results and whether any paid advertising or sponsored placement affects rankings;
4. Ensure that the withdrawal button or an equivalent mechanism is available for all eligible transactions conducted through the marketplace.

Practical Recommendations for Webshop Operators

To ensure compliance with the new obligations, webshop operators should:

• Audit their current withdrawal procedures and verify that a compliant withdrawal button is implemented and accessible;
• Update their general terms and conditions (ÁSZF) and consumer information notices to reflect the 2026 amendments;
• Train customer-service staff on the new rules, particularly regarding the prohibition of deterrence and the obligation to acknowledge withdrawal promptly;
• Review dark-pattern risks in the user interface and ensure that the withdrawal process is straightforward and not misleading;
• Maintain records of all withdrawals for at least five years, as required by commercial and consumer-protection record-keeping obligations.

Conclusion

The withdrawal button requirement marks a significant step towards making the right of withdrawal practically effective for consumers shopping online in Hungary. For webshop operators, compliance is both a legal obligation and an opportunity to build consumer trust. Failure to provide the button—or to obstruct its use—carries real enforcement risk.

If you operate a webshop or digital marketplace in Hungary and need assistance with compliance, or if you are a consumer experiencing difficulties exercising your right of withdrawal, Dr. Ildikó Nagy’s law office can provide tailored legal advice and representation.